If you're on an H-4 visa and your spouse is an H-1B worker, an H-4 EAD is your path to working legally in the United States. It lets you work for any employer, start a business, or freelance without needing a separate work sponsor. But the rules changed significantly in late 2025 and early 2026, and most guides online haven't caught up. This guide covers everything in one place: who qualifies, how to apply, what it costs, how long it takes, and what the elimination of automatic EAD extensions means for you.
If you want to quickly see whether you meet the basic requirements, check your H-4 EAD eligibility here before reading on.
What Is the H-4 EAD?
The H-4 EAD is an Employment Authorization Document issued to certain spouses of H-1B visa holders. In plain terms, it's a work permit. The "EAD" part is the card itself (Form I-766), and "H-4" refers to your visa category as the dependent spouse of an H-1B worker.
With an H-4 EAD, you can work for any U.S. employer, change jobs whenever you want, freelance, consult, or start your own business. No employer sponsorship is required. You file Form I-765 (Application for Employment Authorization) under eligibility category (c)(26), and USCIS issues the card if you qualify.
Here's what the H-4 EAD does not do: it is not a visa, it does not give you independent immigration status, and it expires when your H-4 status expires. If your spouse loses H-1B status, your H-4 EAD becomes invalid.
The program was created in May 2015. It survived multiple repeal attempts and a Supreme Court challenge. In October 2025, the Supreme Court denied certiorari, confirming the rule remains legally valid. The H-4 EAD program is here to stay for now.
One important distinction: H-4 EAD is only for spouses. H-4 dependent children are not eligible for work authorization under this program.
Who Is Eligible for an H-4 EAD?
This is the question that trips up most applicants. Not every H-4 visa holder qualifies. You need to meet one of two specific conditions related to your H-1B spouse's immigration petition.
Path 1: Your Spouse Has an Approved I-140
If your H-1B spouse is the principal beneficiary of an approved Form I-140 (Immigrant Petition for Alien Workers), you're eligible. Any I-140 category works: EB-1, EB-2, or EB-3. The I-140 can be from your spouse's current employer or a previous employer, as long as USCIS hasn't revoked it for fraud or misrepresentation (8 CFR § 214.2(h)(9)(iv)).
If a previous employer voluntarily withdrew the I-140 petition but USCIS didn't revoke it, you can still use it. And here's a detail many people miss: a visa number does not need to be currently available. Your spouse can be years away from a green card and you'd still qualify.
Path 2: Your Spouse Has H-1B Status Beyond 6 Years (AC21)
If your H-1B spouse has been granted H-1B extensions beyond the standard 6-year limit under the American Competitiveness in the Twenty-first Century Act (AC21), you're also eligible. This happens when a PERM labor certification or I-140 was filed at least 365 days before the 6-year H-1B maximum expired.
Under this path, the I-140 does not need to be approved yet. A pending petition is sufficient as long as the H-1B spouse has received the post-6th-year extension.
Requirements That Apply to Both Paths
Regardless of which path you qualify under, you must also meet these conditions:
You must be the spouse (not child) of the H-1B worker. You must be in valid H-4 status at the time you file. You must be physically present in the United States. No job offer is required, and there is no annual cap or quota on H-4 EADs.
Who Is Not Eligible
Spouses of H-1B1 (Chile/Singapore), H-2, or H-3 visa holders do not qualify. H-4 dependent children are not eligible. If your spouse's I-140 was revoked by USCIS for fraud, you cannot use it. And you cannot file from outside the United States.
Not sure which path applies to you? Use Immiva's free H-4 EAD eligibility checker to find out in minutes.
Documents You Need
Missing documents are the number one reason H-4 EAD applications get delayed by Requests for Evidence (RFEs). Here's the complete list.
Required for All Applicants
- Completed Form I-765 (use the 08/21/25 edition, mandatory after March 5, 2026) (USCIS Form I-765 Page)
- Filing fee: $520 (paper) or $470 (online). Credit card, debit card, or ACH only. Learn more about USCIS fee payments.
- Copy of your passport (biographical page)
- Copy of your most recent Form I-94 (Arrival/Departure Record)
- Two passport-style photographs (unmounted, unretouched, taken within 30 days, 2x2 inches, white background)
- Copy of your H-4 approval notice (Form I-797)
- Copy of your marriage certificate
- Copy of your spouse's H-1B approval notice (Form I-797)
Additional Documents for Path 1 (Approved I-140)
Copy of your spouse's I-140 approval notice (Form I-797). If the approval notice is unavailable, USCIS may accept secondary evidence such as a printout from the USCIS Case Status Online tool along with a sworn affidavit containing the receipt number.
Additional Documents for Path 2 (AC21 Extension)
Evidence of H-1B status beyond 6 years: copies of all H-1B approval notices, I-94 records, and visa stamps showing continuous H-1B status. Plus evidence of the pending or approved PERM or I-140: receipt notices or approval notices.
Recommended (Not Required)
A cover letter summarizing your application, a copy of any previous EAD cards (if renewing), and a copy of your Social Security card if you have one. It's better to include too much documentation than too little. Missing documents trigger RFEs that can add months to your case.
How to Apply for an H-4 EAD: Step by Step
Step 1: Confirm Your Eligibility
Verify that your H-4 status is currently valid by checking your I-94 expiration date. Confirm your spouse's I-140 status or AC21 extension. If you're unsure, check your eligibility with Immiva's free tool.
Step 2: Gather Your Documents
Collect everything listed in the document section above. Download the correct I-765 form edition from uscis.gov/i-765 if filing by mail. Get passport photos taken.
Step 3: Complete Form I-765
You can file online through your USCIS account (recommended, $470 fee) or by mail ($520 fee). The most important fields to get right:
Eligibility category: Enter (c)(26). This is the H-4 EAD category code. Getting this wrong is one of the most common H-4 EAD application mistakes and will result in rejection.
Filing basis: Select whether you're filing based on an approved I-140 or an AC21 extension.
Step 4: Submit Your Application
Online: File through your USCIS online account at myaccount.uscis.gov. Pay $470 via credit or debit card. Upload all supporting documents as PDFs.
By mail: Send your complete application to the correct USCIS lockbox based on your state of residence (addresses are listed on the USCIS I-765 filing page). Pay $520 using Form G-1450 (credit card authorization) or Form G-1650 (ACH bank transfer). USCIS no longer accepts checks.
Keep copies of everything you submit.
Step 5: Receive Your Receipt Notice
USCIS sends Form I-797C (receipt notice) within 2 to 4 weeks for paper filings. Online filings generate a receipt much faster, often within days. Save your 13-character receipt number. You'll need it to track your case.
Step 6: Biometrics (If Required)
USCIS may or may not schedule a biometrics appointment. If one is required, you'll receive an appointment notice with a date, time, and Application Support Center (ASC) location. Bring your appointment notice, a valid photo ID, and your I-797C receipt notice. If you can't make the scheduled date, you can reschedule your biometrics appointment.
Step 7: Wait for a Decision
Current processing time ranges from about 3 to 12 months depending on the service center, whether you filed standalone or bundled, and USCIS workload. Track your case online at egov.uscis.gov/casestatus. You can also use these methods to check your EAD application status.
If you receive a Request for Evidence (RFE), respond promptly within the deadline stated on the notice.
Step 8: Receive Your EAD Card
After approval, USCIS produces your EAD card within approximately 2 weeks and mails it via USPS Priority Mail. You cannot work until you physically receive the EAD card. A receipt notice does not authorize employment.
Filing Standalone vs. Bundled
You have two options. A standalone I-765 is best if your H-4 status is already valid and doesn't need extending. Filing your I-765 bundled with your spouse's H-1B extension (Form I-129) and your own H-4 extension (Form I-539) has historically been processed faster (3 to 6 months vs. 6 to 12 months standalone).
Note: The Edakunni settlement agreement, which required USCIS to adjudicate bundled H-4 applications within a specific timeframe, expired on January 18, 2025. Bundling is still common but no longer guaranteed to be faster.
Ready to File Your H-4 EAD Application?
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H-4 EAD Filing Fees and Total Cost
USCIS Filing Fees (as of February 2026)
The I-765 filing fee for H-4 EAD applicants is $520 for paper filings or $470 for online filings (USCIS Fee Schedule). There is no separate biometrics fee for the I-765 in category (c)(26).
If you're filing bundled with Form I-539 (H-4 status extension), add $370 (online) or $420 (paper) for the I-539 fee.
The January 2026 HR-1 inflation adjustment did not change the I-765 fee for the (c)(26) category. However, USCIS now adjusts certain fees annually, so always verify the current fee on the USCIS Fee Schedule page before filing.
Total Real-World Cost Comparison
Filing completely on your own costs approximately $495 to $565 (USCIS fee plus photos and mailing). Using Immiva's guided preparation adds $99 on top of the USCIS fee, bringing the total to roughly $544 to $614. Hiring an immigration attorney typically costs $500 to $5,000 in legal fees on top of the USCIS filing fee, for a total of $995 to $5,565.
H-4 EAD Processing Times in 2026
Processing times vary significantly depending on how you file and which USCIS service center handles your case.
Standalone I-765: approximately 5 to 12 months. Bundled with I-539 and I-129: approximately 3 to 6 months. After approval to card in hand: approximately 2 weeks.
The California Service Center tends to process faster (around 5 months average). Nebraska and Texas Service Centers can take 12 months or longer. These figures are based on USCIS published processing times and community-reported data as of February 2026 (USCIS Processing Times).
Premium processing is not available for H-4 EAD applications. However, if your spouse's H-1B petition (Form I-129) uses premium processing, bundled H-4 applications may benefit from faster adjudication of the overall package.
What If Processing Takes Too Long?
If your case exceeds the posted processing times, submit an e-Request through the USCIS website. You can also contact your congressional representative's office for a case inquiry. In extreme situations, an expedite request or a mandamus lawsuit (filing suit in federal court to compel USCIS to act) may be options, though these are last resorts.
H-4 EAD Renewal and the End of Automatic Extensions
This is the most important change for 2026. If you already have an H-4 EAD and need to renew it, pay close attention.
What Changed on October 30, 2025
On October 30, 2025, DHS published an Interim Final Rule (90 FR 86788) eliminating automatic EAD extensions for H-4 EAD holders and most other categories.
Previously, filing a timely renewal gave you up to 540 days of continued work authorization while USCIS processed your renewal. That safety net is gone. For renewals filed on or after October 30, 2025, if your current EAD expires before USCIS approves your renewal, you must stop working. No exceptions.
Renewals filed before October 30, 2025 that were still pending on that date may still benefit from the old auto-extension rules.
How to Renew Your H-4 EAD
File the same Form I-765, category (c)(26). You can file up to 180 days before your current EAD expires. Include all documents from the checklist above, plus a copy of your current or expiring EAD card. File as early as possible to reduce the risk of an employment gap.
The Employment Gap Risk
With no automatic extension, there is now a real possibility that your EAD expires before your renewal is approved. During that gap, you cannot work, period.
Practical strategies to minimize this risk: file your renewal the full 180 days before expiration, consider filing bundled with I-539 for potentially faster processing, discuss the situation with your employer's HR or legal team proactively, and understand that your employer must reverify your Form I-9 by the EAD expiration date.
Pending Legal Challenge
In early 2026, a lawsuit was filed challenging the elimination of auto-extensions. The outcome is uncertain. Do not rely on the lawsuit restoring auto-extensions. Plan as if they are permanently gone.
Common Mistakes That Get H-4 EAD Applications Rejected
Avoiding these errors can save you months of delays:
Using the wrong I-765 form edition is the most common mistake right now. The 08/21/25 edition becomes mandatory March 5, 2026, but you should use it now to be safe (USCIS Form Updates).
Selecting the wrong eligibility category code. It must be (c)(26) for H-4 EAD. Entering any other code will result in rejection. Check out the complete list of H-4 EAD application mistakes to make sure you don't fall into these traps.
Other frequent errors: paying the wrong fee amount, sending a check instead of using credit card or ACH, submitting retouched or edited passport photos, forgetting to sign the form, not including I-140 approval evidence or AC21 documentation, filing from outside the U.S., and filing more than 180 days before your EAD expires (for renewals).
What You Can and Cannot Do with an H-4 EAD
What You Can Do
Work for any U.S. employer, full-time or part-time. Change jobs freely without notifying USCIS. Work as a W-2 employee or a 1099 independent contractor. Start your own business (LLC, sole proprietorship, S-corp). Freelance or consult. Get a Social Security Number by applying at your local SSA office with your EAD card. Apply for a driver's license using your EAD as proof of work authorization.
What You Cannot Do
Work before receiving your physical EAD card (a receipt notice does not authorize employment). Continue working after your EAD expires, even if a renewal is pending (auto-extensions are gone). Work if your H-4 status has lapsed. Sponsor anyone for a visa (the EAD doesn't give you sponsorship rights).
H-4 EAD vs. Other Work Authorization Options
If you're comparing your options, here's how the H-4 EAD stacks up against other dependent spouse work permits:
The H-4 EAD requires a separate EAD application (Form I-765) and is tied to your spouse's H-1B status. L-2 spouses now have work authorization incident to status since November 2021, meaning they don't need a separate EAD at all. J-2 EAD holders also file the I-765 but under a different category. Adjustment of status EAD (c)(9) is tied to a pending I-485, not a spouse's visa.
All of these categories lost automatic extensions as of October 30, 2025. None of them are eligible for premium processing of the I-765.
For a detailed breakdown, read the complete H-4 visa guide for spouses and dependents.
Don't Risk a Rejected Application
Immiva's guided H-4 EAD preparation catches errors before you file. Step-by-step questions, document checklist, and automatic error checking.
Official Sources
This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of February 2026:
USCIS Resources
Federal Regulations
- 8 CFR § 214.2(h)(9)(iv) - H-4 dependent spouse employment authorization eligibility
- 8 CFR § 274a.12(c)(26) - EAD eligibility category for H-4 spouses
Federal Register
- Removal of the Automatic Extension of Employment Authorization Documents, 90 FR 86788 - October 30, 2025 Interim Final Rule
- Inflation Adjustment to HR-1 Immigration Fees - FY 2026 fee adjustments
- Employment Authorization for Certain H-4 Dependent Spouses, 80 FR 10284 - Original 2015 rule creating H-4 EAD
Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.